By: Alex Meier | Last updated: October 2026
Two features make USERRA unusual among employment statutes. First, claims arising after October 10, 2008 have no statute of limitations. 38 U.S.C. § 4327(b). Second, USERRA overrides any contract that reduces or limits its protections, 38 U.S.C. § 4302(b), so a generic severance release does not necessarily waive a USERRA claim. Employees who assume they waited too long, or signed away too much, are often wrong on both counts. Lee Meier Burke, a Georgia employment firm, evaluates both questions.
No statute of limitations, by design
Congress eliminated time limits on USERRA claims in the Veterans’ Benefits Improvement Act of 2008, adding § 4327(b): no state statute of limitations, no federal catch-all four-year period under 28 U.S.C. § 1658, no filing deadline at all for claims accruing after the amendment’s effective date, October 10, 2008. Claims that had already expired before that date were not revived.
This matters in practice. Service members often discover reemployment and pension violations years after the fact, sometimes when reviewing retirement statements. Under most employment statutes, those claims would be long dead. Under USERRA, they generally are not.
Two cautions temper the rule. Some employers argue laches, an equitable defense based on unreasonable, prejudicial delay, and courts have not spoken with one voice on its availability. And evidence ages badly regardless of the law. The absence of a deadline is a shield, not a reason to wait.
Contracts cannot cut USERRA down
Section 4302(b) provides that USERRA supersedes any state law, contract, agreement, policy, or plan that reduces, limits, or eliminates a right or benefit the statute provides. The provision has teeth:
- A contractual clause shortening the time to bring a USERRA claim is unenforceable for claims accruing after October 10, 2008.
- An agreement waiving future reemployment rights, signed before the service occurs, cannot defeat the statute.
- Employer policies that condition military leave on findings like “operational needs” yield to the statute.
When a severance release does waive USERRA claims
The harder question involves claims that have already accrued. Courts distinguish between waiving USERRA’s prospective protections, which § 4302(b) forbids, and settling an existing dispute, which the law permits if done properly.
The Sixth Circuit enforced a release of an accrued USERRA claim in Wysocki v. IBM, 607 F.3d 1102 (6th Cir. 2010), where the release used clear language, the employee received valuable consideration, was encouraged to consult a lawyer, and had ample time to consider the agreement. Other courts have demanded more specificity. In Ward v. Shelby County, a federal court in Tennessee held that a general release must specifically address USERRA or military-service claims to waive them; boilerplate “all claims” language was not enough.
The takeaway for employees reviewing a severance agreement: whether your USERRA claim survives the release depends on the wording, the consideration, and the circumstances of signing. Do not assume either way. Have the agreement reviewed before you sign, and if you already signed, have it reviewed anyway.
Arbitration is the exception
One limit on § 4302(b) deserves candor: most courts to address the question, including the Fifth Circuit in Garrett v. Circuit City Stores, Inc., 449 F.3d 672 (5th Cir. 2006), have held that agreements to arbitrate USERRA claims are enforceable. Arbitration changes the forum, not the substantive rights. If you signed an arbitration agreement at hiring, expect the employer to invoke it, and know that your USERRA claim proceeds in arbitration rather than court.
Frequently Asked Questions
How long do I have to file a USERRA claim?
For claims that arose after October 10, 2008, there is no statute of limitations. Older claims that expired before that date were not revived. Delay can still hurt your evidence and may invite equitable defenses, so act promptly even though the statute allows otherwise.
My severance agreement releases “all claims.” Did I lose my USERRA rights?
Not necessarily. Courts enforce waivers of accrued USERRA claims only when they are knowing, voluntary, and supported by consideration, and some courts require the release to mention USERRA or military-service claims specifically. The answer depends on your agreement’s language and the circumstances. Have it reviewed.
Can my employer make me waive USERRA rights as a condition of employment?
No. Prospective USERRA rights cannot be waived by contract. An agreement signed before your service that purports to limit reemployment rights or shorten your time to sue is superseded by the statute.
Can my employer force my USERRA claim into arbitration?
Generally yes, if you signed a valid arbitration agreement. Most courts have held that USERRA claims are arbitrable. Arbitration changes where the claim is heard, not what the law requires.
I just discovered a pension error from a deployment ten years ago. Is it too late?
Probably not, if the claim accrued after October 10, 2008. Pension and reemployment violations discovered years later are among the most common beneficiaries of USERRA’s no-limitations rule. Gather your records and have the claim evaluated.
Should I sign a severance agreement the day it is offered?
No. Severance agreements create lasting obligations, and the treatment of USERRA claims in a release turns on specifics. Take the agreement home, and have a lawyer review it first.
About Lee Meier Burke
Lee Meier Burke is a plaintiff-side labor and employment firm in Atlanta, Georgia, representing employees and executives. We review severance agreements and evaluate USERRA claims, including older claims employees assume are time-barred. Contact the firm to schedule a call.
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Key Takeaways
- No federal statute of limitations applies to USERRA claims that accrued after October 10, 2008.
- USERRA supersedes any contract, policy, or agreement that reduces, limits, or eliminates its rights, including contractual provisions that shorten the time to sue.
- Courts have enforced waivers of already-accrued USERRA claims, but only where the waiver was knowing, voluntary, and sufficiently specific, and some courts require the release to address military-service claims expressly.
- Prospective USERRA rights, such as the right to future reemployment, cannot be waived by contract.
- Delay still carries practical risk: witnesses leave, documents disappear, and some courts have entertained equitable defenses based on unreasonable delay.